User's Terms & Conditions

TNG USERS’ TERMS AND CONDITIONS

1. TERMS AND CONDITIONS

These Terms and Conditions are effective from 17 September 2018 for all customers.

2. INTRODUCTION

2.1 These Terms and Conditions are a legally binding agreement between you (as TNG’s customer), and TNG (Asia) Limited (“TNG”) (Stored Value Facility License No. SVF0003), the owner and operator of the TNG Wallet (“TNG Wallet”) or any product / consumer item incorporating its technology and / or any electronic wallet incorporating its technology, which will be referred to as “TNG,” “TNG Wallet,” “TNG Account” or “TNG System” below, in respect of the use of your TNG Wallet. “TNG Wallet” and “TNG Account” shall have the same meaning and be used interchangeably in these terms and conditions. By using TNG Wallet, you agree to be bound by these Terms and Conditions.

2.2 These Terms and Conditions explain TNG’s obligations to you and yours to TNG. While they apply to all TNG’s main services, they may be complemented or changed by particular terms and conditions for certain services which you may use. You agree that you have no claim against TNG for any statement which is not explicitly set out in these Terms and Conditions.

2.3 In these Terms and Conditions, the following words and expressions shall, where the context permits, have the following meaning:

(a) “Authorised Add Value Service Provider” is a Service Provider (defined below) that TNG has authorised to offer the service of adding value to your TNG Wallet in return for cash or other consideration;

(b) “Authorised Cash Withdrawal Service Provider” is a Service Provider (defined below) that TNG has authorised to offer the service of cash withdrawal from your TNG Wallet; and

2.4 All the value stored on your TNG Wallet shall, to the extent not paid to TNG (for its own account), you or another person in accordance with these Terms and Conditions, be “Client Money” which TNG shall hold in one or more account(s) (the “Trust Account(s)”) opened by TNG with one or more bank(s) licensed by the Hong Kong Monetary Authority.

2.5 The Client Money in each of the Trust Account(s) shall be held by TNG on trust for you and TNG’s other customers pursuant to a declaration of trust by TNG in favour of you and TNG’s other customers.

2.6 You agree that TNG may: -

(a) retain for its own account all interest accruing or accrued on each of the Trust Account(s);

(b) debit Client Money to any of the Trust Account(s) and pay the same to you or to a payee authorised by you, in each case (i) pursuant to your instruction given in accordance with these Terms and Conditions and (ii) to the extent that the amount of a payment out of a Trust Account to you or to a payee authorised by you does not exceed the amount of Client Money then beneficially owned by you; and

(c) TNG may use any Client Money recorded in TNG’s records as owned by you, by debiting the same to any of the Trust Accounts(s) and transferring the debited amount to any account of TNG with any bank, for the purpose of paying to TNG any amount which these Terms and Conditions require you to pay to TNG by way of a fee or reimbursement of expense or for any other purpose.

2.7 All Client Money recorded in TNG’s records as referable to a specific mobile telephone number shall be deemed to be owned, at any time, by (i) the person who at that time is recorded in the relevant mobile telephone network operator’s records as the customer in respect of that number (for a contract customer) or (ii) the person whom TNG identifies as the purchaser of the SIM card referable to that number, from the proof of purchase, or if such proof cannot be produced, in such other way as TNG determines to be appropriate (for a customer linked to a prepaid SIM card).

3.GENERAL

3.1 TNG offers a non-physical TNG Wallet with full TNG functionalities which can be accessed through the downloadable TNG mobile app. TNG shall be entitled to assume that any instruction to deal with any Client Money belonging to you which is (i) received by TNG through the TNG mobile app and (ii) appears to TNG to have been generated by a person having access to the mobile telephone number which TNG’s records associate with you, is an instruction given by you and can accordingly be acted on by TNG, whether or not such instruction was actually given by you or any other person beneficially entitled to Client Money recorded by TNG as belonging to you.

3.2 The TNG System provides you, if you are the owner of a valid TNG Wallet, with the ability to pay for certain goods and services using the value stored in your TNG Wallet where you see the TNG acceptance logo at one of TNG’s Service Providers.

3.3 A Service Provider can be identified by their clear display of the TNG acceptance logo. Please contact the Service Provider or TNG if the Service Provider does not accept your TNG Wallet as payment for their goods / services.

3.4 The Service Providers are responsible for all aspects of the goods and / or services they provide to you. In using their services and / or facilities you should abide by their rules, regulations and by-laws. TNG has no responsibility for the Service Providers’ goods and / or services and you should direct any enquiries relating to these matters to the relevant Service Provider.

3.5 Under normal circumstances, TNG will make reasonable efforts to ensure that the TNG System is operating, but TNG cannot guarantee that a Service Provider will be able to accept a TNG payment as this depends on the Service Provider’s own systems and operations as well as network, electrical, climatic and other conditions or circumstances which are beyond TNG’s control.

3.6 TNG reserves the right to charge a reasonable fee for any of the TNG payment service and other services TNG provides to you.

3.7 You may also transfer money using the value stored on your TNG Wallet to other TNG Wallets, or receive transfer of money from another TNG Wallet. TNG accepts no responsibility for any dispute arising from such money transfers between you and any transferee, or between you and any transferor, save for technical malfunctions of the TNG System which caused errors in such transfers, in which case, you should contact TNG in accordance with Condition 8 immediately.

3.8 TNG may offer rewards, promotions or special offers (collectively, “Promotions”) from time to time. Such Promotions are subject to terms and conditions imposed by TNG relating to the Promotions, and TNG reserves the right to final decision in the event of any disputes or disagreements.

4. OBTAINING AND USING YOUR TNG WALLET

4.1 To use TNG’s service, you will need to download the TNG mobile app from Apple App Store or Google Play Store:

(a) The TNG Wallet will be paired with the mobile device and the SIM card therein used to download the app;

(b) Users must provide a valid Hong Kong mobile phone number;

(c) Verification of download and registration will be conducted through both the unique device identity number and the SIM card used; and

(d) Each mobile device and each SIM card can only be used once for registration of a TNG Account.

4.2 A valid TNG Account means a genuine TNG Wallet or product:

(a) which has not been tampered with; and

(b) which you have lawfully downloaded.

4.3 Upon the registration of VIP, SVIP member account or TNG’s request, you are required to provide us with one or more of the following documents:

(a) copy of your valid identity card or passport;

(b) copy of a valid form of proof of residential address, such as a mobile phone statement, pay TV statement, utility bill or bank statement issued within the last 3 months; and

(c) any other information or document as TNG reasonably requires in order to comply with all applicable anti-money laundering and counter-terrorist financing laws, rules, regulations, codes, guidelines and circulars and TNG’s policies and procedures.

4.4 Your TNG Wallet may not be used to conduct a transaction if there is a positive balance remaining value in your TNG Account but the remaining value is insufficient for an intended transaction.

4.5 TNG may, from time to time, impose limitations on the maximum allowable amount for transactions (including for discreet / individual transactions or a series of transactions in aggregate) over any given period of time in compliant with TNG’s internal procedures to satisfy any rules, statutes, legislation or orders governing stored value facility providers or to comply with any anti-money laundering and counter-terrorism financing regulations and legislation, including the Anti-Money Laundering and Counter-Terrorist Financing (Financial Institutions) Ordinance (“AMLO”) and the Payment Systems And Stored Value Facilities Ordinance (“PSSVFO”).

4.6 The current annual transaction limits are as follows:

(a) For Normal members: HKD 25,000 per annum;

(b) For VIP members: HKD 100,000 per annum; and

(c) For Super VIP (“SVIP”) members: Unlimited.

4.7 The current maximum stored value balances at any point in time are as follows:

(a) For Normal members: HKD 3,000;

(b) For VIP members: HKD 50,000; and

(c) For SVIP members: HKD 100,000.

4.8 Your TNG Wallet can store up to a maximum amount which TNG may notify you from time to time. TNG may, from time to time, impose limitations on the amount of stored value in any TNG Account or for any given period of time in compliant with TNG’s internal procedures and to comply with the AMLO, the PSSVFO or other similar or related legislations in Hong Kong.

4.9 You can only have either ONE VIP member account or SVIP member account at any point in time.

5. ADDING VALUE TO AND WITHDRAWAL FROM YOUR TNG WALLET

5.1 You are solely responsible for ensuring the safekeeping of your login ID, password and transaction PIN, and for keeping these confidential, to prevent unauthorised use of your TNG Wallet.

5.2 In order to be able to make payments using the TNG System, you or a third party will need to add value to your TNG Wallet by presenting cash or by other accepted payment to an Authorised Add Value Service Provider or by arranging for your or such third party’s bank to transfer money to the Trust Account(s) for credit to your TNG Wallet or by such other means as determined and announced by TNG from time to time. TNG may charge you a reasonable fee for the provision of the add value services. Authorised Add Value Service Providers will only offer to add value to your TNG Account above a minimum amount and in multiples of an amount which will be determined and announced by TNG from time to time.

5.3 A genuine Authorised Add Value Service Provider will not offer you a discount to add value to your TNG Wallet unless as part of an official promotion authorised by TNG. You should not attempt to add value if you have any suspicion that the Authorised Add Value Service Provider may not be genuine. TNG will not honour value that is added to your TNG Account by an unauthorised add value service provider or through unlawful means.

5.4 Please refer to TNG’s Schedule of Fees and Guidelines, and notices at any Authorised Add Value Service Provider for details on charges, add value limits and the time taken for funds to reach your TNG Wallet after adding value (fund availability period). If you add value to your TNG Wallet through credit card transfer, Jetco ATM machines and / or internet banking, you should ensure that you have sufficient credit limit and / or cash balance to complete such add value transactions. TNG will not be held liable for any charges imposed on you by your bank or credit card issuer for carrying out such add value transactions.

5.5 Value added to your TNG Account may be withdrawn at any time. TNG reserves the right to charge you a reasonable fee for withdrawal. Withdrawal will be effected through any of TNG’s Authorised Cash Withdrawal Service Providers or through a transfer of the withdrawn amount to a bank account of yourself or a third party which you designate for such purpose at any time and such transfer is subject to delay as a result of bank operational issues beyond TNG’s control.

5.6 TNG stored value, points or any value in whatever form awarded by TNG or TNG merchants as incentive for purchases are valid only for future purchases and cannot be withdrawn as cash.

6. YOUR OBLIGATIONS IN USING YOUR TNG WALLET

6.1 You should take good care of your TNG Wallet to prevent it from unauthorised use or from being tampered with.

6.2 You must not use, or allow anyone to use, your TNG Wallet for any illegal purposes.

6.3 You should only present your TNG Wallet for use when you see the TNG acceptance logo. You must not present your TNG Wallet at readers that do not show the TNG acceptance logo as this may cause damage to the TNG Wallet and / or loss to yourself.

6.4 You must not tamper with the TNG Wallet (including, but not limited to, the software, applications, functions, features and the data recorded on the TNG Wallet) in any way. TNG shall not honour transactions, or refund any remaining value, if your TNG Wallet has been tampered with.

6.5 You should not use your TNG Wallet in any manner inconsistent with these Terms and Conditions or in any manner which would result in complaints, disputes, claims, penalties or other liability to TNG, other users or third parties or cause TNG to breach or not comply in full with any applicable laws, regulations and rules, or act fraudulently or maliciously.

6.6 You should not use your TNG Wallet in a way that could damage, disable, overburden, impair or compromise the services that TNG provides to you, TNG’s systems or security or interfere with other uses.

6.7 TNG has the right to recover reasonable costs, expenses, losses and damages suffered or incurred by TNG as a result of your altering or interfering, or allowing a third party to alter or interfere, with the data on your TNG Wallet.

6.8 TNG will ask you for co-operation with TNG and, if appropriate, the police, in investigating any possible or suspected unauthorised use, or in resetting your TNG Wallet if it is hacked or tampered with, or if TNG has reasonable grounds to suspect suspicious behaviour or usage pattern, or as required by prevailing law.

6.9 TNG’s staff and authorised representatives of TNG’s approved Service Providers shall have the right to inspect your TNG Wallet, including the data in that TNG Wallet, at any reasonable time.

7. PROPER USE OF YOUR TNG WALLET

7.1 TNG shall not be responsible for any personal injury and / or property loss or damage caused as a result of your inappropriate or unauthorised use of your TNG Wallet.

7.2 You must not disclose your login ID, password and transaction PIN to anyone. If you suspect that there has been an unauthorised transaction, unauthorised access to your TNG Wallet, or your password has been compromised, you must contact TNG immediately by telephone at +852 3951 6268 or email at cs@tng.asia. Before you have disabled lost cards/compromised password and/or reported to TNG of any unauthorised transactions, you shall bear any loss suffered by you as a result of such unauthorised transactions.

7.3 You must ensure that your name, mobile number and other details provided to us are correct and up to date and notify TNG as soon as there are changes to such information by telephone at +852 3951 6268 or email at cs@tng.asia.

7.4 If you lose your mobile device, you must immediately notify TNG by telephone at +852 3951 6268 or by email at cs@tng.asia.

7.5 Any direct communication by TNG to you shall only be made through TNG’s email at cs@tng.asia. Any message made on behalf of TNG to you through any other means is not reliable.

7.6 Should you need to lodge any complaints or make any reports in relation to the use of your TNG Wallet, please contact TNG by telephone at +852 3951 6268 or email at cs@tng.asia.

8. MALFUNCTION

If your TNG Wallet malfunctions due to no fault of yours and you have not tampered with it in any way, you should contact the Customer Support Department at TNG by email at cs@tng.asia or by telephone at +852 3951 6268.

9. CANCELLATION OF YOUR TNG WALLET

9.1 You may cancel your TNG Wallet if it malfunctions, as described in this Condition 9, or at anytime and apply for a refund by effecting withdrawal in accordance with the terms governing withdrawal in Condition 5 herein.

9.2 The remaining value stored in the TNG Wallet (if any, and subject to terms governing withdrawal in Condition 5 herein) will be refunded to you in full except in the following situations when TNG may deduct a reasonable amount to cover:

(a) any negative remaining value on your TNG Wallet;

(b) a handling fee;

(c) the cost of resetting your TNG Wallet (if applicable); and

(d) any other amounts including fees outstanding for TNG services.

9.3 TNG reserves the right to recover, cancel or suspend your TNG Wallet or any of TNG’s services at any time without specifying the reasons, but TNG will take reasonable steps to minimise any inconvenience caused to you. You may be required to present your TNG Wallet for inspection in the manner as may be notified by TNG. TNG will refund to you the remaining value (if any), subject to terms governing withdrawal in Condition 5 herein.

9.4 In determining the remaining value to be refunded to you, the records held by TNG shall be treated as conclusive evidence of the amount of the remaining value except for any manifest error on TNG’s part.

9.5 TNG is provided for use in payment, transfer of money and related services. TNG reserves the right to request information (including personal data), investigate (for which TNG may charge a reasonable fee) and decline at TNG’s sole discretion multiple, high value or repeated purchase / refund requests from an individual or organisation.

9.6 TNG stored value, points or other forms of rewards or incentives awarded by TNG or TNG merchants as incentive for purchases are valid only for future purchases and cannot be withdrawn as cash.

10. INACTIVE TNG WALLETS

If you have not added value to your TNG Wallet for a period announced by TNG from time to time, TNG will, for your own and TNG’s protection, deem your TNG Wallet to be no longer in use, and TNG will deactivate your TNG Wallet. If you want to re-activate your TNG Wallet subsequently, TNG may charge you a reasonable fee for the re-activation. Further details are set out in TNG’s Schedule of Fees and Guidelines, which can be obtained from TNG’s website at www.tngwallet.hk.

11. PERSONAL INFORMATION COLLECTION STATEMENT RELATING TO YOU (THIS “NOTICE”) IN ACCORDANCE WITH THE PERSONAL DATA (PRIVACY) ORDINANCE (THE “ORDINANCE”)

The Ordinance governs the collection, holding, processing and use of your personal data and other information that TNG may collect from time to time (the “Data”). Such other information may include transactional records (meaning the transaction data which TNG receives from TNG readers and / or from other channels in respect of the use of your TNG Wallet), device and connection information (such as information related to your mobile carrier, mobile device model and operating system etc.), usage and log information (meaning any service-related, diagnostic and performance information of your mobile device), cookies and status information generated from your mobile device (meaning information related to your online status and when you last updated your status message). The Data is to enable TNG to provide the TNG Wallet and other related services to you.

Further information regarding TNG’s collection, processing and use of the Data are set out in TNG’s Privacy Policy (https://www.tngwallet.hk/en/privacy). You should read this Notice in conjunction with TNG’s Privacy Policy.

12. TRANSACTION RECORDS

The transaction records of your TNG Wallet will be safely kept by TNG. Transaction records mean all the transaction data which TNG receives from its system, TNG readers and / or from other channels in respect of the use of your TNG Wallet. The transaction records could be provided upon your request (administrative fee will be charged) through phone, email and / or other channels. TNG will only disclose any of your transaction records to:

(a) the relevant Service Providers which are under a duty of confidentiality to TNG;

(b) satisfy a search warrant or an order by a competent court of law or a relevant regulatory body that TNG is required to comply;

(c) any other parties which are under a duty of confidentiality to TNG, in order for TNG to maintain the normal management, operation and maintenance of the TNG payment system;

(d) any agents, contractors or third party service providers which are under a duty of confidentiality to TNG and which provide administrative, telecommunications, computer, payment, data processing or other services to TNG in connection with the operation of its business; or

(e) any other person under a duty of confidentiality to TNG including its subsidiaries, affiliates or its business partners for the purposes outlined in this Condition 12.

13. NEW AND ADDITIONAL SERVICES

13.1 TNG may provide you with new or additional services associated with your TNG Wallet from time to time, and these new services will be governed by the terms and conditions herein or as amended from time to time for the respective services.

13.2 Bill payment services:

(a) Bill payment services to merchants are or may be provided as a concierge-type service to you for your convenience;

(b) Please refer to TNG’s Schedule of Fees and Guidelines for details on charges and the time required for settlement for such bill payment services;

(c) You need to ensure adequate and accurate information is provided (e.g., payment instruction reference number etc.) to ensure payments will be made correctly;

(d) You need to ensure adequate time is provided for TNG’s concierge bill payment services to be processed before the actual payment due date. TNG will not be liable for any penalty or extra charges imposed on you by the merchant for payments not being made before due date; and

(e) TNG reserves the right to reject any bill payment instruction if your TNG Wallet does not have sufficient balance to fulfil any bill payment, or if your TNG Wallet is not valid / active at the time of the bill payment processing. TNG will notify you of any rejected payment as soon as practicable and your TNG Wallet would not be charged for the bill payment sum instructed by you. TNG reserves the right to impose a reasonable administration charge for any payment rejection.

13.3 VIP Passes:

(a) All VIP passes purchased using your TNG Wallet are subject to the specific terms and conditions of the merchant offering the VIP passes (“Participating VIP Pass Merchants”);

(d) TNG does not warrant or guarantee the quality, merchantability or fitness for purpose, of goods / services sold / offered by Participating VIP Pass Merchants; and

(e) If any Participating VIP Pass Merchant ceases to carry on business before the expiry of the VIP pass for the consumption of goods / services provided by that Participating VIP Pass Merchant, you may obtain a refund from TNG for any unused pass.

13.4 Tickets, Vouchers and Coupons:

(a) All tickets, vouchers and coupons purchased and / or collected using your TNG Wallet are subject to the specific terms and conditions of the merchant offering such tickets, vouchers and coupons (“Participating Ticketing Merchants”);

(c) No refund will be offered for any unused ticket, voucher or coupon upon expiry;

(d) TNG does not warrant or guarantee the quality, merchantability or fitness for purpose, of goods / services sold / offered by Participating Ticketing Merchants; and

(e) Subject to the terms and conditions of the Participating Ticketing Merchants, certain tickets, vouchers and coupons are only valid upon presentation through TNG Wallet by the owner of the device housing the TNG Wallet.

13.5 Make Money:

(a) You will be directed to a third party application, “Make Money” once you have confirmed to open the “Make Money” application;

(b) The third party service providers (the “Participating Stored Value Merchants”) will be responsible for providing the promotion tasks and stored value rewards;

(c) Any TNG stored value awarded by Participating Stored Value Merchants is valid only for future purchases and cannot be withdrawn as cash;

(d) TNG has no responsibility for the promotion tasks that are not related to TNG and stored value rewards provided by Participating Stored Value Merchants;

(e) TNG does not warrant or guarantee the quality, reliability or suitability of the services made available, advertised or linked through our services or stored value rewards awarded by Participating Stored Value Merchants, and TNG bears no responsibility for your use of or relationship with any such services; and

(f) You may be requested to provide Data directly to the Participating Stored Value Merchants for the promotion tasks and are recommended to read these Terms and Conditions and our Privacy Policy and the specific terms and conditions and the privacy policy of the Participating Stored Value Merchants prior to the provision of such Data. For further information regarding TNG’s collection, processing and use of the Data, please refer to our Privacy Policy (https://www.tngwallet.hk/en/privacy).

13.6 Bus Pass:

(a) No transaction PIN is required when you use the bus pass to pay bus fare;

(b) TNG reserves the right to reject any payment instruction if your TNG Wallet or your bus pass reserve does not have sufficient balance to fulfil any payment, or if your TNG Wallet or your bus pass reserve is not valid / active at the time of payment processing; and

(c) The bus pass reserve allows you to pay the bus fare with offline payment by TNG Wallet once. If you need to pay the bus fare again with offline payment, you need to ensure that the mobile network is in service for the synchronisation process before you are able to pay the bus fare offline.

13.7 Quick Pay:

(a) No transaction PIN is required when you make a payment by the “Quick Pay” method;

(b) TNG reserves the right to reject any payment instruction if your TNG Wallet does not have sufficient balance to fulfil any payment, or if your TNG Wallet is not valid / active at the time of payment processing;

(c) Making an order and/or payment through TNG Wallet does not create a contract between you and TNG for the supply of any product or services. The payment service provided by TNG System is solely a payment service that you can use to instruct TNG to pay a merchant on your behalf;

(d) TNG does not warrant or guarantee the quality, merchantability, fitness, reliability for purpose, of goods / services sold / offered by any merchant; and

(e) TNG may, from time to time, impose limitations on the maximum allowable amount for transactions in compliance with TNG’s internal procedures and where applicable, the AMLO, the PSSVFO or other similar or related legislations in Hong Kong.

The current maximum transaction limits are as follows:

(i) Maximum amount per transaction: HKD 1,000; and

(ii) Maximum amount per day: HKD2,500.

13.8 Merchant Dollar:

(a) All coupons purchased and / or collected using your TNG Wallet are subject to the specific terms and conditions of the merchant offering such coupons (“Coupon Issuers”);

(b) Each of the Coupon Issuers will be responsible for providing the related goods / services;

(c) No refund will be offered for any unused coupon upon expiry;

(d) TNG does not warrant or guarantee the quality, merchantability or fitness for purpose, of goods / services sold / offered by Coupon Issuers; and

(e) Subject to the terms and conditions of the Coupon Issuers, certain coupons are only valid upon presentation through TNG Wallet by the owner of the device housing the TNG Wallet.

14. PEER-TO-PEER (“P2P”) TRANSFER

(a) You are solely responsible for ensuring that you have entered the correct information for conducting any P2P transfer;

(b) TNG will not be held liable for any loss suffered by you through P2P transfer to the wrong transferee due to incorrect input by you of the transferee information; and

(c) TNG may, from time to time, impose limitations on the amount of P2P transfer (individually or in aggregate) or the frequency of transfers (to one or more TNG Accounts) undertaken by you for any given period of time in compliant with TNG’s internal procedures and to comply with the AMLO, the PSSVFO or other similar or related legislations in Hong Kong and Mainland China.

15. DONATION

15.1 Users are responsible for inputting the correct amount that they intend to donate to the designated organisations.

15.2 Tax deductible receipts will only be issued if the donation amount is HK$100 or above.

15.3 Users are responsible for ensuring that correct information is given for the issue of the tax deduction receipt.

15.4 The Data collected will be passed to the designated organisation and only for the purpose of issuing tax receipts. For further information regarding TNG’s collection, processing and use of the Data, please refer to our Privacy Policy (https://www.tngwallet.hk/en/privacy).

16. CASH WITHDRAWAL AND BANK TRANSFER

16.1 The maximum amount available for cash withdrawal each day will be the lower of: (i) the balance available in the user’s wallet; and (ii) HK$50,000.

16.2 TNG’s cash withdrawal agent may impose further limits and restrictions on the cash amount available for withdrawal from time to time. Users should make enquiries with the cash withdrawal agent should they wish to find out more about such further limits and restrictions.

16.3 All cash withdrawal and bank transfer transactions will be subject to an administration fee of 1% of the cash withdrawal amount or bank transfer amount, subject to adjustments (including rebates, subsidies, rewards, etc.) from time to time.

(a) User must collect the notes within 3 days before the order expire

(b) The expired HKD pick-up order or the order is cancelled by request will be refunded in HKD with no additional administration fee. The original administration fee will not be refunded.

16.4 Users are responsible for ensuring that the cash withdrawal agent has deducted the correct requested cash withdrawal amount from the users’ wallet and the accurate amount of cash withdrawal sum is received.

16.5 Users are solely responsible for ensuring that they have entered the correct information for conducting any cash withdrawal and/or bank transfer transaction;

16.6 TNG is not responsible for, and will not be held liable for, any loss suffered by you or any third party transferor due to incorrect input by you or a third party transferor of the transferee information.

16.7 TNG has no duty to enquire or verify (i) the validity or the legality of any cash withdrawal and bank transfer transaction as instructed by you or any third party transferor, or (ii) the title to your property to be received or held by TNG.

17. GLOBAL REMITTANCE AND GLOBAL BILL PAYMENT

17.1 Users may instruct TNG to effect a remittance or bill payment from time to time. TNG has the right to refuse an instruction to effect a remittance or bill payment without giving any reason. If TNG accepts an instruction, it has the right to send the remittance or bill payment either in words or in code.

17.2 TNG is not responsible for any of the following:

(a) Any loss, delay, error, omission or alteration of the message which may occur in its transmission;

(b) Any misinterpretation of the message by the recipient;

(c) Any exchange control or restriction which may be imposed by applicable regulations of the countries receiving the remittance and any loss or delay to you arising therefrom or in connection with such control or restriction;

(d) Any charge which may be imposed by a correspondent or beneficiary bank or any other bank; and

(e) Any charge which may be charged by overseas merchants to you due to any delay of settlement.

17.3 When a remittance or bill payment is being effected, there may be a currency conversion if the beneficiary account is in a currency that is different from the remitting currency.

17.4 A remittance instruction may not be processed on the same day if TNG does not receive your instruction before the relevant cut-off time set by TNG. A remittance instruction is subject to the following:

(a) The cut-off time of the place where payment is to be received;

(b) The funding arrangement requirements of the settlement banks; and

(c) The availability of the relevant services.

This may include the availability of the clearing system of the applicable currency or the location of the correspondent or beneficiary bank.

17.5 Even if TNG has accepted a remittance or instruction, TNG has the right to refuse to process or effect payment without giving you notice, if we are of the reasonable opinion that the following (or any of them) occur:

(a) Any information given about the instruction is incorrect, incomplete or unclear;

(b) The instruction or processing of the instruction would be a breach of any applicable regulation; or

(c) You have specified additional instructions or requests relating to the remittance which are not acceptable to us.

17.6 In processing a remittance instruction, we may be required by applicable regulations concerning anti-money laundering and anti-terrorist financing activities to disclose personal data or other information about you. This may include the originating account number, your name, address, date of birth, personal identity document number and other unique references. You expressly authorise:

(a) TNG to make the required disclosure to any correspondent or beneficiary bank, the payee or any regulatory or investigative authority as we may consider appropriate; and

(b) each correspondent or beneficiary bank to make the required disclosure to any other correspondent or beneficiary bank, the payee or any regulatory or investigative authority as that correspondent or beneficiary bank considers appropriate.

17.7 TNG has the right to deduct any charge imposed by a correspondent or beneficiary bank from the payment amount or any of your TNG Wallet account with us.

17.8. Whilst TNG will endeavour to communicate to the beneficiary bank any payment condition you specify in a remittance or instruction, we have no obligation to check or verify the satisfaction of such condition before effecting payment. You irrevocably authorise TNG to effect payment at your own risk.

17.9 You should ensure that the beneficiary account information / merchant information provided to TNG is correct and complete.

17.10 You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that TNG may suffer, directly or indirectly, as a result of your breach of contract or warranty, wilful act or omission, misrepresentation, negligence in relation to, or in association with, your access and / or use and / or in relation to your submission and accuracy of your user information and data.

18. GLOBAL SIM TOP-UP

18.1 Users may instruct TNG to top-up from time to time. TNG has the right to refuse any top-up request without giving reason.

18.2 Whenever you provide us information for the Global SIM Top-up Service, you agree to provide true, accurate, current and complete information.

18.3 A top-up may not be processed on the same day if TNG does not receive it before the relevant cut-off time set by us. A top-up is subject to the following (or any of them):

(a) The cut-off time of the place where top-up is to be received;

(b) The funding arrangement requirements of the settlement banks (if any); or

(c) The availability of the relevant services by the correspondent mobile network operator.

This may mean that your account is debited before the top-up is received.

18.4. Certain exchange control or restriction which may be imposed by applicable regulations. TNG is not liable for any loss or delay to you arising from or in connection with such control or restriction.

18.7 In processing the top-up requests, TNG may be required by applicable regulations concerning anti-money laundering and anti-terrorist financing activities to disclose personal data or other information about you. This may include the originating account number, your name, address, date of birth, personal identity document number and other unique references. You expressly authorise TNG to make the required disclosure to any competent authority as we may consider appropriate.

18.8 TNG is not responsible and will not offer any refund for any loss you may incur in case of mistyping the recipient’s telephone number (including country code), choosing the incorrect operator or entering any incorrect information.

18.9 TNG reserves the right to change, modify or discontinue, temporarily or permanently, the Global SIM Top-up, at any time without notice.

18.10 You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that TNG may suffer, directly or indirectly, as a result of your breach of contract or warranty, wilful act or omission, misrepresentation, negligence in relation to, or in association with, your access and / or use and / or in relation to your submission and accuracy of your user information and data.

19. FOREIGN EXCHANGE

19.1 Users may make a purchase of foreign currency from time to time through TNG Wallet. The minimum amount for each purchase of foreign currency shall be HKD 500 worth of the foreign currency purchased.

19.2 Once users make a purchase, it cannot be modified or cancelled.

19.3 Users have to select an outlet when making a purchase and have to collect the foreign currency(ies) purchased within three (3) calendar days at pre-selected outlet.

19.4 If users fail to collect foreign currency(ies) they purchased within three (3) calendar days, the purchase will be cancelled. Users will be refunded the amount they paid for after deducting an administration fee of HKD 200.

19.5 The foreign exchange service is provided by third party service providers. The service providers reserve the right to perform the necessary verification, either by law or internal control, before collection of foreign currency(ies).

19.6 The third party service provider is fully responsible for all customer service in connection with the supply of its foreign exchange service.

19.7 You agree to be held wholly responsible for any harm, loss, claim, demand, liability or expense (including reasonable legal fees) that TNG may suffer, directly or indirectly, as a result of your breach of contract or warranty, wilful act or omission, misrepresentation, negligence in relation to, or in association with, your access and / or use and / or in relation to your submission and accuracy of your user information and data.

20. PAYMENT AND FUNDS TRANSFER SERVICES USING THE FASTER PAYMENT SYSTEM

20.1 Terms used in this Clause 20 have the meanings set out below.

"Addressing Service" means a service provided by HKICL as part of HKICL FPS to facilitate customers of Participants to use predefined Proxy ID instead of account number to identify the destination of a payment or funds transfer instruction and other communications for the purpose of HKICL FPS.

"Services" means the services (including the QR Code Services) provided by TNG to customers from time to time to facilitate payments and funds transfers using HKICL FPS and the Addressing Service, eDDA Service and any other services and facilities provided by HKICL in connection with the Faster Payment System from time to time.

"Default Account" means the account maintained by you with TNG or any other Participant and set as the default account for receiving payment or funds using HKICL FPS or (if and to the extent specified or permitted by the rules, guidelines and procedures of HKICL) for debiting payment or funds using HKICL FPS.

"eDDA" means a direct debit authorisation set up by electronic means using HKICL FPS.

"eDDA Service" means a service provided by HKICL as part of HKICL FPS to facilitate customers of Participants to set up direct debit authorisation.

"FPS Identifier" means a unique random number generated by HKICL FPS to be associated with the account of a customer of a Participant.

"HKICL FPS" or "Faster Payment System" means the Faster Payment System and related facilities and services provided, managed and operated by HKICL from time to time for (i) processing direct debits and credits, funds transfers and other payment transactions and (ii) exchanging and processing instructions relating to eDDA Service and Addressing Service.

"Participant" means a participant of HKICL FPS which may be a bank or other financial institutions, a retail payment system operator, a licensed stored value facility, or any other person accepted by HKICL as a participant of HKICL FPS from time to time.

"Proxy ID" means the identifiers which may be accepted by HKICL for registration in the Addressing Service to identify the account of a customer of a Participant, including the mobile phone number or email address of the customer, or the FPS Identifier.

"QR Code Services" means the QR code and the associated payment and funds transfer services provided by TNG to customers from time to time.

"Regulatory Requirement" means any law, regulation or court order, or any rule, direction, guideline, code, notice or restriction (whether or not having the force of law) issued by any regulatory authority, governmental agency (including tax authority), clearing or settlement bank or exchange, or industry or self-regulatory body, whether in or outside Hong Kong, to which HKICL, TNG or any other Participant or its respective affiliates or group companies, or you are subject or are expected to comply with from time to time.

20.2 TNG provides the Services to you to facilitate payments and funds transfers using the Faster Payment System. The Faster Payment System is provided and operated by HKICL. The Services are therefore subject to the rules, guidelines and procedures imposed by HKICL in relation to the Faster Payment System from time to time.

20.3 The provisions in this Clause 20 apply to TNG’s provision of and your use of the Services. The Services form part of the services provided by TNG. The provisions of other clauses in these Terms and Conditions apply to the Services to the extent that they are relevant and not inconsistent with the provisions of this clause. Unless otherwise specified, the provisions of this clause prevail if there is any inconsistency between them and other provisions in these Terms and Conditions with respect to the Services.

20.4 Scope of Services and conditions for use

(a) TNG provides the Services to you to facilitate payment and funds transfer using the Faster Payment System and the Addressing Service, eDDA Service and any other services and facilities provided by HKICL in connection with the Faster Payment System from time to time. TNG has the right to set or vary from time to time the scope of the Services and the conditions and procedures for using the Services. In order to use the Services, you have to accept and follow these conditions and procedures.

(b) TNG may provide the Services to facilitate payment and funds transfer in any currency specified by it from time to time, including Hong Kong dollars and Renminbi.

(c) In order to enable TNG to handle an instruction for you in relation to payment or funds transfer using HKICL FPS, you have to provide or input the necessary information and complete the process by such means or in such manner prescribed by TNG from time to time.

(d) All payment or funds transfer transactions using HKICL FPS will be processed, cleared and settled under the interbank clearing and settlement arrangements including without limitation the arrangements in relation to the Faster Payment System agreed by the Participants and HKICL from time to time.

(e) TNG reserves the right to suspend or terminate the Services in whole or in part at any time without giving any notice or reason.

(f) By requesting TNG to register any Proxy ID for you in the HKICL FPS or to set up any eDDA for you using the HKICL FPS, or by initiating any payment or funds transfer using the HKICL FPS, you will be regarded as having accepted and will be bound by the provisions of this Clause 20.

20.5 Addressing Service - registration and amendment of Proxy ID and related records

(a) In order to use the Addressing Service to receive payment or funds transfer using HKICL FPS, you have to register your Proxy ID in the HKICL FPS. TNG has discretion as to whether to offer the FPS Identifier as Proxy ID to you.

(b) Registration and amendment of Proxy ID and related records in the HKICL FPS must be done in accordance with the applicable rules, guidelines and procedures imposed by HKICL from time to time. In order to enable TNG to register or amend Proxy ID or any related records for you, you have to provide or input the necessary information and complete the registration process by such means or in such manner prescribed by TNG from time to time.

(c) At any time where the same Proxy ID is registered by you for more than one account (whether maintained with TNG or with any other Participant), you must set one account as the Default Account. By instructing TNG to set or change the Default Account for you, you consent and authorise TNG to submit the request on your behalf to HKICL FPS to override the existing Default Account registered in HKICL FPS.

20.6 eDDA Service

In order to enable TNG to handle a request for you in relation to eDDA setup, you have to provide or input the necessary information and complete the process by such means or in such manner prescribed by TNG from time to time. The prescribed process may include requiring the relevant parties to set up the eDDA using their respective account numbers or customer identification numbers or codes. For the avoidance of doubt, a Proxy ID is not intended for verifying eDDA setup. Any amendment of a Proxy ID and the related records or termination of a Proxy ID after an eDDA setup will not affect that eDDA.

This service could be used once per day. There is no minimum top-up amount but the maximum top up amount will be depends on the maximum stored value of each membership type.

20.7 QR Code Services

(a) This Clause 20.7 applies to the use of the QR Code Services, together with these Terms and Conditions and any other terms and conditions that apply to the mobile application ("App") through which you access the QR Code Services.

(b) Using the QR Code Services and your responsibility

(i) The QR Code Services allow you to scan a QR code provided by TNG or by another person to automatically capture the payment or funds transfer data without the need for manually entering the data. Any QR code provided by another person must meet the specifications and standards prescribed by HKICL in order to be accepted. You are fully responsible for ensuring that the captured data is accurate and complete before confirming any payment or funds transfer instruction. TNG is not responsible for any errors contained in such payment or funds transfer data.

(ii) The QR Code Services can be used on a mobile device running an operating system supported and specified by TNG from time to time.

(iii) Updates to the QR Code Services may be issued periodically through the supplying app store for the App. For some devices, updates will be downloaded automatically. For other devices, you will need to download the updates yourself. Depending on the update, you may not be able to use the QR Code Services until the latest version has been downloaded. You are fully responsible for ensuring the latest version has been downloaded to your mobile device for the purpose of using the QR Code Services.

(iv) The QR Code Services are intended for use by customers of TNG only. TNG has the right to cancel your account for the App and/or block you from accessing the QR Code Services if TNG discovers that you are not eligible to use the QR Code Services.

(v) The QR Code Services are not intended for use in any jurisdiction where their use would be contrary to any law or regulation of that jurisdiction or where TNG is not licensed or authorised to provide the QR Code Services.

(vi) You must comply with all applicable laws and regulations that govern your download of the App, or access or use of the App or the QR Code Services.

(c) Security

(i) You must not use the QR Code Services on any device or operating system that has been modified outside the mobile device or operating system vendor supported or warranted configurations. This includes devices that have been "jail-broken" or "rooted". A jail broken or rooted device means one that has been freed from the limitations imposed on it by your mobile service provider and the phone manufacturer without their approval. The use of the QR Code Services on a jail broken or rooted device may compromise security and lead to fraudulent transactions. Use of the QR Code Services in a jail broken or rooted device is entirely at your own risk and TNG will not be liable for any losses or any other consequences suffered or incurred by you as a result.

(ii) You are fully responsible for all instructions or requests given by you or any other person authorised by you during the use of the QR Code Services.

(iii) You are fully responsible for ensuring that the information shown or stored on your mobile device is kept secure.

(iv) If you know or suspect that any other person knows your security details (including but not limited to your login ID, password and transaction PIN), or has used or tried to use them, or if your mobile device is lost or stolen, you must notify TNG immediately by telephone at +852 3951 6268 or email at cs@tng.asia.

(d) Our responsibility and restriction of liability

(i) While TNG makes commercially reasonable efforts to provide the QR Code Services, TNG is not liable for any failure to provide the QR Code Services.

(ii) The QR Code Services are provided on an “as is” basis with no representation, guarantee or agreement of any kind as to their functionality. TNG cannot guarantee that no viruses or other contaminating or destructive properties will be transmitted or that no damage will occur to your mobile device in the use of the QR Code Services. TNG is not responsible for any loss which you may incur as a result of your use of the QR Code Services.

(iii) You understand and agree that:

(A) You use the QR Code Services at your sole risk. To the maximum extent permitted by law, TNG expressly disclaims all warranties and conditions of any kind, whether express or implied.

(B) You will download or obtain any material or information through the use of the QR Code Services at your sole risk and discretion. You are solely responsible for any damage to your computer or other device or loss of data resulting from downloading, obtaining or using such material or information.

(iv) For the avoidance of doubt, nothing above is intended to exclude or restrict any condition, warranty, right or liability which may not be lawfully excluded or restricted.

20.8 Your responsibility

(a) Present genuine owner or authorised user of Proxy ID and accounts

You can only register your own Proxy ID for your own accounts or set up eDDA for your own accounts. You must be the present genuine owner or authorised user of each Proxy ID and each account provided to TNG for registration in the Addressing Service and the eDDA Service. By instructing TNG to register any Proxy ID or any account for you in relation to the Faster Payment System, you confirm that you are the present genuine owner or authorised user of the relevant Proxy ID or account. This is particularly important for mobile phone numbers as they may be recycled.

(b) Proxy ID

Any Proxy ID to be registered by you for the Addressing Service must satisfy any applicable requirements imposed by HKICL from time to time. For example, HKICL may require the mobile phone number or email address to be registered as Proxy ID to be the same number or address registered by you as contact information contained in TNG’s records at the relevant time.

(c) Correct information

(i) You have to ensure that all the information provided by you for registration or amendment of your Proxy ID (or any related records) or for any eDDA setup is correct, complete, up-to-date and not misleading. You have to notify TNG as soon as reasonably practicable of any changes or updates to such information by such means or in such manner as specified by TNG from time to time.

(ii) You are fully responsible for using the correct and up-to-date Proxy ID and related records in giving each payment or funds transfer instruction. You are solely liable for and will hold TNG harmless from any incorrect payment or transfer affected by it and HKICL FPS due to incorrect or outdated Proxy ID or related records.

(iii) You acknowledge that TNG, other Participants and HKICL have the right and discretion without giving notice to deregister any Proxy ID that is not correct or up-to-date in accordance with available information without your consent.

(d) Timely updates

You are fully responsible for giving instructions and information changes or updates to TNG in a timely manner for amending your Proxy ID (or related records) or any eDDA setup, including without limitation changing your Default Account, or terminating any Proxy ID or eDDA. You acknowledge that keeping your Proxy ID, eDDA and all related records up-to-date is critical for ensuring effective execution of payment and funds transfer instructions and for avoiding incorrect payment or transfer due to incorrect or outdated Proxy ID, eDDA or related records.

(e) Change of Default Account

If an account is terminated as the Default Account by you or by the relevant Participant for any reason (including suspension or termination of the account), the system of HKICL will automatically assign the most recently registered record in the Addressing Service that is associated with the same Proxy ID to be the Default Account. If you wish to set another account as the Default Account, you have to change the registration through the Participant where you maintain that other account.

(f) Transactions binding on you

(i) For any payment or funds transfer, once you confirm the details of a transaction and submit an instruction to TNG, such instruction and any resulting transaction is final, irrevocable and binding on you.

(ii) For any Proxy ID registration or eDDA setup, once you submit an instruction to TNG, such instruction is irrevocable and binding on you. You may amend or cancel any Proxy ID or eDDA setup in accordance with the procedures and requirements prescribed by TNG from time to time.

(g) Use Services responsibly

You must use the Services in a responsible manner. In particular, you must comply with the following obligations:

(i) You must comply with all Regulatory Requirements that govern your use of the Services, including collecting, using and handling the personal data and other information relating to any other person in compliance with the Regulatory Requirements protecting data privacy. You must not use the Services for any unlawful purposes or any purposes other than those authorised or contemplated in the rules, guidelines and procedures of HKICL.

(ii) In sending remarks or messages to be displayed to recipients or counterparties of your payment or funds transfer instructions or eDDA setup using HKICL FPS, you should mask the name or other data of such recipients or counterparties to prevent unauthorised display or disclosure of any personal data or confidential data.

(iii) If TNG offers the FPS Identifier as Proxy ID to you, you should not repeatedly cancel the registration and request for generation of another FPS Identifier in an attempt to generate a number or value that you desire.

(h) Other obligations regarding payments and funds transfers

Any instruction given by you in relation to the Services will be handled by TNG in accordance with this Clause 20 and the applicable provisions in these Terms and Conditions. You have to comply with the other obligations with respect to payments, funds transfers and direct debit authorisations, including without limitation maintaining sufficient funds in the relevant accounts for settling payment and funds transfer instructions from time to time.

(i) You are responsible for your authorised persons

Where you authorise any other person to give instructions or requests to TNG in connection with the use of the Services (whether you are an individual, a company, a corporation, or a sole proprietorship or partnership firm or any other unincorporated body):

(i) you are responsible for all the acts and omissions of each person authorised by you;

(ii) any instruction or request received by TNG, believed by TNG in good faith to be given by you or any person authorised by you, will be irrevocable and binding on you; and

(iii) you are also responsible for ensuring that each person authorised by you will comply with the provisions of this Clause 20 that are applicable to him/her when acting on your behalf.

20.9 TNG’s responsibility and restriction of liability

(a) Where a funds transfer is affected through HKICL FPS, TNG will process and submit your instructions and requests to HKICL FPS in accordance with the applicable rules, guidelines and procedures imposed by HKICL from time to time. HKICL FPS has the right to process and execute your instructions and requests in such sequence or manner as HKICL considers appropriate. TNG has no control over the operation of HKICL FPS nor the timing on which your instructions or requests are executed by HKICL FPS. Where TNG receives status update notifications involving any of your Proxy ID (or related records) or eDDA setup or any other matter relating to HKICL FPS from or through HKICL FPS from time to time, TNG will notify you accordingly by such means and at such time as TNG considers appropriate.

(b) Without limiting or reducing the effect of Clause 20.9(a) above or the provisions in these Terms and Conditions:

(i) TNG is not liable for loss, damage or expense of any kind which you or any other person may incur or suffer arising from or in connection with the use of the Services or the processing or execution of instructions or requests given by you in relation to the Services or HKICL FPS, except to the extent that any loss, damage or expense incurred or suffered is direct and reasonably foreseeable arising directly and solely from the negligence or wilful default of TNG or that of our officers, employees or agents;

(ii) TNG is not liable for loss, damage or expense of any kind which you or any other person may incur or suffer arising from or in connection with one or more of the following:

(A) your failure to comply with your obligations relating to the Services; and

(B) any delay, unavailability, disruption, failure, error of or caused by HKICL FPS, or arising from any circumstances beyond the reasonable control of TNG; and

(iii) in no event will TNG and its officers, employees and agents be liable to you or any other person for any loss of profit or any special, indirect, incidental, consequential or punitive loss or damages (whether or not they were foreseeable or likely to occur).

(c)Your confirmation and indemnity

(i) Without limiting or reducing the effect of any indemnity given by you under these Terms and Conditions or any other rights or remedies that TNG may have, you will indemnify TNG and its officers, employees and agents and hold each of them harmless against all liabilities, claims, demands, losses, damages, costs, charges and expenses of any kind (including legal fees on a full indemnity basis and other expenses reasonably incurred) which may be incurred or suffered by TNG or any of them and all actions or proceedings which may be brought by or against TNG or any of them as a result of or in connection with the provision of the Services by TNG or your use of the Services.

(ii) The above indemnity does not apply to the extent that it is proved that any liabilities, claims, demands, losses, damages, costs, charges, expenses, actions or proceedings are direct and reasonably foreseeable arising directly and solely from the negligence or wilful default of TNG or that of our officers, employees or agents. The above indemnity shall continue to have effect after the termination of the Services.

20.10 Collection and use of Customer Information

(a) For the purposes of using the Services, you may be required to provide TNG with the personal data and other information relating to one or more of the following persons from time to time:

(i) yourself;

(ii) the recipient of any payment or funds transfer to be made by you, or the counterparty of any eDDA to be set up by you; and

(iii) where you are a company, a corporation, or a sole proprietorship or partnership firm or any other unincorporated body, any of your directors, officers, employees, authorised persons and representatives,

all personal data and information provided to TNG or compiled by TNG from time to time in connection with the Services are collectively referred to as "Customer Information".

(b) You agree (and, where applicable, for and on behalf of each of your directors, officers, employees, authorised persons and representatives) that TNG may collect, use, process, retain or transfer any of the Customer Information for the purposes of the Services. These purposes include without limitation one or more of the following:

(i) providing the Services to you, maintaining and operating the Services;

(ii) processing and executing your instructions and requests in relation to the Services from time to time;

(iii) disclosing or transferring Customer Information to HKICL and other Participants for their use for the purpose of the operation of HKICL FPS;

(iv) meeting the requirements to make disclosure under any Regulatory Requirements; and

(v) purposes relating to any of the above.

(c) You understand and agree that the Customer Information may be further disclosed or transferred by HKICL, TNG or any other Participants to their customers and any other third parties who are users of HKICL FPS for the purposes of providing and operating the Addressing Service and the eDDA Service.

(d) If the Customer Information includes personal data or other information of any person other than yourself (including any persons specified in Clauses 20.10(a)(ii) or 20.10(a)(iii) above), you confirm that you will obtain and has obtained the consent from such person regarding the use (including disclosure and transfer) of his/her personal data and other information by HKICL, TNG and the other Participants as specified in this Clause.

21. LIABILITY

21.1 TNG is not responsible for, and has no liability to you for the quality, safety, legality or any other aspect of goods or services you purchase with your TNG Wallet.

21.2 TNG is not responsible for the lawfulness, accuracy or reliability of any content submitted to, transmitted or displayed by or linked by TNG’s services provided by other users of TNG’s services or by TNG’s advertisers. You agree to comply with any terms and conditions in relation to any third party content and services on TNG’s services.

21.3 TNG is not liable to you for any losses, including any indirect or consequential losses, you suffer or costs you incur because (i) you are unable to access or use your TNG Wallet for any reason or there is a delay in its use; (ii) you did not receive any SMS notifications in a timely manner; and (iii) there is a failure to provide any service caused by any third party service providers including merchants, Service Provider and software providers, unless such losses or costs are the results of TNG’s gross negligence, fraudulent act or wilful default.

21.4 TNG is not liable to you for the delay in performing, or failure to perform, any of TNG’s obligations under these Terms and Conditions, if such delay or failure results from events, circumstances or causes beyond TNG’s reasonable control, including suspending or revocation of TNG’s licence under PSSVFO. In such circumstances the time for performance shall be extended by a period equivalent to the period during which performance of the obligation has been delayed or failed to be performed.

22. FEES AND CHARGES

TNG’s fees and charges are available on TNG’s website or from TNG’s Authorised Distributors. For details, please refer to TNG’s Schedule of Fees and Guidelines which can be obtained from TNG’s website at www.tngwallet.hk.

23. CHANGES IN THESE TERMS AND CONDITIONS

23.1 TNG may amend these Terms and Conditions from time to time by publishing a notice of the change(s) and posting an updated version on TNG’s website www.tngwallet.hk and/or by providing you notice of amendments when you log into your TNG Wallet.

23.2 The change(s) shall take effect on the date of publishing such notice and posting an updated version of these Terms and Conditions on TNG’s website www.tngwallet.hk, or when you accept an upgrade or update of your TNG mobile wallet upon logging on, whichever is earlier.

23.3 The change(s) will apply to you unless your TNG Wallet is cancelled before the change(s) take(s) effect.

23.4 Each time you use TNG’s services via your TNG Wallet / TNG Account you confirm that you agree to be bound by these Terms and Conditions as may be amended from time to time. If you do not agree to these Terms and Conditions, as amended, you must stop using TNG’s services.

23.5 A copy of the latest version of these Terms and Conditions is available on TNG’s website www.tngwallet.hk or from TNG’s designated Authorised Distributors upon request.

24. TRANSFER

24.1 You may not delegate, assign or transfer these Terms and Conditions or any rights or obligations under these Terms and Conditions, without our prior consent.

24.2 TNG may freely assign, transfer or sub-contract these Terms and Conditions or TNG’s rights and obligations under these Terms and Conditions, in whole or in part, without your prior consent or notice.

25. THIRD PARTY RIGHTS

Other than TNG’s subsidiaries, affiliate companies and any assigns of TNG, no other person who is not a party to these Terms and Conditions has any right under the Contracts (Rights of Third Parties) Ordinance (Chapter 623, the Laws of Hong Kong) to enforce any of these Terms and Conditions and/or benefit of these Terms and Conditions.

26. GOVERNING LAW

These Terms and Conditions shall be governed by the laws of Hong Kong. You irrevocably consent to the exclusive jurisdiction of the courts of Hong Kong and waive any jurisdictional, venue or inconvenient forum objections to such courts.

If there is any inconsistency between English and Chinese version, English version shall prevail.